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HORIZON VENTURES v. AMERICAN BITUMINOUS

Nos. 20-0759, 20-0762.

873 S.E.2d 905 (2022)

HORIZON VENTURES OF WEST VIRGINIA, INC., Petitioner, v. AMERICAN BITUMINOUS POWER PARTNERS, L.P., Respondent. American Bituminous Power Partners, L.P., Petitioner, v. Horizon Ventures of West Virginia, Inc., Respondent.

Supreme Court of Appeals of West Virginia.

Filed: April 18, 2022.

Attorney(s) appearing for the Case

Mark A. Kepple, Esq. , Benjamin P. Visnic, Esq. , Bailey & Wyant, PLLC, Wheeling, West Virginia.

Roberta F. Green, Esq. , John F. McCuskey, Esq. , Shuman McCuskey Slicer PLLC, Charleston, West Virginia.

Joseph G. Nogay, Esq. , Sellitti Nogay & Nogay, PLLC, Weirton, West Virginia.

Counsel for American Bituminous Power Partners, L.P.

Counsel for Horizon Ventures of West Virginia, Inc.

American Bituminous Power Partners, L.P. (AMBIT) owns and operates a power plant that sits on land owned by Horizon Ventures of West Virginia, Inc. The parties created a contractual relationship in 1989, with a Lease Agreement establishing the rent that AMBIT would pay to Horizon. In the thirty-one years between the execution of...

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